Appeal No. 2005-0711
Application No. 09/943,644
discloses a single mode waveguide with a PFCB homopolymer as the
sole layer, not a copolymer as required by the claims on appeal.
Additionally, the examiner has not established that Kaneko
and Shacklette disclose or suggest PFCB-based copolymers as the
core layer in a core/clad type of optical waveguide. As
correctly argued by appellants (Brief, page 8), Shacklette
teaches that the desired glass transition temperature of the
core material is equal to or less than about 80°C., and this
particular temperature can be “easily obtained by the skilled
artisan by characterization and selection of the polymerizable
component” (col. 7, ll. 45-59). In contrast, the PFCB-based
copolymers disclosed by Smith are described as exhibiting “high
glass transition temperature’s [sic]” with values ranging from
165 to 350°C. (see page 1, right column, last paragraph; page 6,
first five lines; and Table 3). Furthermore, the “1-co-2"
PFCB-based copolymers disclosed by Shah have a glass transition
temperature of 220°C. (see Table 1). Therefore we determine that
the examiner has not established any motivation or suggestion to
use PFCB-based copolymers as the core in the core/clad type of
optical waveguide disclosed by Shacklette. See In re Regel,
526 F.2d 1399, 1403 n.6, 188 USPQ 136, 139 n.6 (CCPA
1975)(“[T]here must be some logical reason apparent from
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: November 3, 2007